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Report: #1412622

Complaint Review: State Farm Insurance - Atlanta Georgia

  • Submitted: Sun, November 19, 2017
  • Updated: Sun, November 19, 2017
  • Reported By: Adrian Alain Q. — San Jose California United States
  • State Farm Insurance
    P.O. Box 106169
    Atlanta, Georgia
    United States

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November 13, 2017 California Department of Insurance Claim Service Bureau 300 South Spring Street Los Angeles, CA 90013 I would like to update an existing complaint for further review with The California Department of Insurance addressing State Farm Insurance’s negligence for a personal injury claim on the insured property, 661 Glenburry Way San Jose CA, that was opened on the insureds policy, Javier Garcia, in Nov. 27th 2015. In a notification by letter dated September 18, 2017 State Farm Insurance responded to a complaint I made with The California Department of Insurance regarding bad-faith insurance practices addressing my frustration with the lack of acknowledgement and response from the agency since the date of loss. In the letter they informed me that a second claim had been opened in error with the incorrect date of loss, November 27th 2014 which would have surpassed the 2 year limitation to pursue the claim and to disregard the error. [continued below]....

..... In the letter they also indicated that the reason for their inability to reply properly and conduct a prompt, fair and throrough investigation and effectuate a reasonable evaluation of damages as a result of the insureds liability was due to the insureds instructions to State Farm that he did not want a claim opened or investigated under his policy since the initial filing date and had since changed his position and allowed a claim to be opened and investigated. I was given partial information about Mr. Garcia’s policy which includes Medical Payments Coverage for medical expenses incurred as a result of an accident and that coverage was not available to me as I was a resident of the insured location at the time of the incident and indicated that it can only be applied to a person on the insured location with the permission of the insured or to a person OFF the insured location if the person is an "employee” and if the bodily injury arises out of a condition on the insured location caused by the activities of by their insured. My claim had been partially denied.

I replied to State Farms representative handling my claim, Alonzo Baez, that their insured, Mr. Garcia, was involved in the incident and to please investigate further and advise me in writing whether Mr. Garcia contends that anyone other than himself may be in whole or in part legally responsible for the accident on the premises since they failed to promptly provide a reasonable explanation denying coverage for injuries that had been committed on the insured property, deviating from standard procedures, delaying a settlement in good faith when it was apparent no investigation had taken place. Alonzo Baez, the State Farm Representative, replied to my inquiry although he initially sent the letter to the wrong address, the address of the insured, Javier Garcia, 661 Glenburry Way San Jose CA. He informed me of the mistake by telephone and advised me in advance that the letter in transit indicated that upon further review, State Farm made a mistake and declared their insured and property did not have any liability coverage. He apologized for mistakingly sending the letter to Mr. Garcia’s address. I informed the representative that due to the lack of coverage for their insureds negligence causing bodily injury on the insured location that it was important that he address in his letter following their investigation, once again, if their insured contends that anyone other than Mr. Garcia is in whole or in part legally responsible for the acts committed resulting in bodily injury since State Farm delayed and failed to affirm or deny coverage within a reasonable amount of time.

In response, State Farm replied: "We are willing to consider any additional information you feel may impact our decision. We are required by California Insurance Regulations to advise you that if you believe this claim, or any part of this claim has wrongfully been denied or rejected, you may have the matter reviewed by the California Department of Insurance, Claim Service Bureau, 300 South Spring Street, Los Angeles, California 90013.” I have attached documentation that supports my complaint is fair and further attention to this matter is reasonable and should be held accountable for their violations of unfair, deceptive practices and non-compliance with state law COMPLAINT FILED OCT. 2017 California Department of Insurance Claim Service Bureau 300 South Spring Street Los Angeles, CA 90013 Claimant ,Adrian Quirarte, brings this complaint to the California Department of Insurance for review of bad-faith insurance practices including the failure to take proper actions as mentioned below by State Farm Insurance Company. A claim had been submitted to State Farm Insurance for an incident involving personal injury as a tenant on the policy holders premises, where the landlord was severely negligent for the failure to inspect or repair dangerous and unsafe conditions when the hazards present were directly associated with landlords employment as a trailer driver and reported to The Federal Motor Safety Administration for being in regulatory non-compliance and to State Farm Insurance for property damage and personal injury dated November 27th 2015- March 4th 2016. The damage was presumptively intentional and foreseeable. When I first spoke to a claims representative I was assured that a member of the team would review the claim and that as a third-party/tenant, I had a legal right to pursue a claim due to mere negligence or refusal to remove the dangerous factor; however when the appointed representative contacted me, I informed him I was a third party making a claim on the landlords homeowners policy and from there he made absolutely no effort to return my calls, properly investigate the claim , investigate witnesses involved, failed to investigate the property and failed to acknowledge receiving photographs of injuries or any documents that were pertinent to the claim proving severe injuries and landlords liability.

I informed the Agent that the policy holder was a trailer driver and on route making deliveries about 3 weeks out of the month and that I needed their co-operation because there was very little that would persuade the landlord to accept liability even if it meant breaking the law. State Farm should have told the insured that they must report all matters which may result in a claim. If they fail to do so, they’re in violation of the policy conditions (possibly insurance fraud), and the insurance company could deny the claim should it turn into a legal matter. State Farm should not have given the landlord the option to deny the claim when they should have investigated the property since landlords are legally responsible for the failure to keep tenants safe from dangerous conditions on a property or safe from criminal activity and not create defenses for the allegations. Reviewing policies, it is to my understanding that the insured is required to promptly report all losses.

It is possible that the agent advised the insured that he may be liable for more than the policy limits. I have a statement from a court report that was given to a judge for a family matter in June 15 2016, that the landlord and policy holder, Javier Garcia, mentioned in court that the insurance company told him that my claim was worth 250,000.00 but that he closed the claim because again he denied liability and did not want a settlement out of his policy. I personally was never told by the agents that my claim with worth X amount, barely even being given the claim number at times. Bad-faith was committed when the agent(s) have been giving both the third-party and landlord the wrong information. Protecting the landlord would mean handling an honest claim giving the right information to the insured and protect both the policy holder and the insurance carrier because the tenant can then file a personal injury lawsuit or claim against the landlords insurance company or insured for medical bills, lost earnings, pain, physical suffering, permanent physical disability and disfigurement, property damage and emotional distress. The insureds homeowners coverage carries coverage for liability to tenants or third-party injuries on premises and property damage, but State Farm insisted they are not responsible for a claimant’s allegations due to the policy holders misreporting which was both known by the policy holder and the insurance company that was done in bad-faith..

State Farm shortly misinformed the policy holder, the landlord, who failed to exercise reasonable care and maintain the property safe for tenants, and took the claims advisors advice that there would be no penalty for misrepresentation of facts or denying liability and gave the policy holder the option to close the claim without investigation to avoid having a settlement out of his policy or run the risk of being sued in court funding their own defense and settlement. With all the information present, the agent(s) had separate duties to follow up with an investigation or report the claim information given to the insurance carrier whether or not there was liability. Each Agent that I spoke to on the phone had absolutely no information on the claim and kept transferring me to several agents who eventually had no answer or hung up on me. I would be transferred or placed on hold for nearly an hour on each phone call.

There was several. The Agent(s) inconsistency, lack of knowledge of the claim and failure to report or withholding facts, statements, circumstances or information to the insurance company would mean violating the companies policies, committing bad faith when there is a risk the third party can then sue, the insured and State Farm, who should be protected by its agents and given the correct advice; which they should then not expect to receive any defense or indemnification for their insured in court. I recently decided to re-open the claim because I have several losses, pain and suffering, relocation expenses, damaged property, medical bills and further treatment. I am currently undergoing additional examinations by specialists to provide further information and evidence about the accident. Recently I tried to pursue the claim again, State Farm in bad-faith and possibly illegally, took my social security number this time around and I assumed it was for my profile or claim like I was told, however it was later discussed that it was to access my hospital records. I told them that I did not consent to give them access to my personal information without the advice of an attorney and to remove my social security from their system. They said they did not have the ability to remove my social security from their system, and that if I have an attorney, that they could no longer discuss my claim, that all information including the misuse of my social security without my authority could only be released to my attorney and hung up on me.

When I told my doctor what State Farm did, she informed me that State Farm did not have the authority to access medical records without a signed consent form and that I should get help from an attorney. After informing them that I was going to file a report to the California Department of Insurance, State Farm sent me a letter: "Dear Adrian Quirarte: Please contact us within 20 days if you wish to pursue this claim. We will close your claim if we do not hear from you within the time requested. Please be advised no action for your loss can be initiated against our insured unless the action is filed within 2 years after the date of the incident.” Bad-faith was committed when the claim number for the claim was changed ( I was told each time before that a claim number could not be changed because it would result in a duplicate claim), and the date on the letter reports that the incident happened 11/27/14 not 11/27/15 being past the statue of limitations for an insurance claim, however i have several letters and documents that provide proof that the incidents began in November, 27, 2015. I would like to the California Department of Insurance inform me what they can do for me in this situation. I understand that this is quite a long report, but please understand I have been documenting this since late 2015. If needed I can provide letters, documents, photographs, audio recordings, video recordings, medical summaries as of the result of the landlords behavior. This letter has been written as a response to the letter that was just sent by state farm, indicating they could not discuss any information with me about the claim without an attorney, including the misuse of my social security number and changing the incident date on the last letter received by State-Farm dated August 21st 2017. 2015 Claim: 05-7R95-780 Tony Mayhew 855 856-3381 EXT 4806363271 2014 Claim: -050593-W45 Jeffery Conarton Claim Specialist 844 458-4300 EXT 4806363230 FAX 844 236-3646

This report was posted on Ripoff Report on 11/19/2017 01:17 PM and is a permanent record located here: The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Author of original report

The Dangers of meter tampering and the effects on the human system

AUTHOR: Adrian Quirarte - (United States)

Evidence of "meter tampering” and questionable cables that were placed by my mothers husband( ex-electrician )under my room to cause severe injuries to me and dog+destruction of a property. Very "poorly” hidden wires, disconnected, split cables & clamps that indicate tampering. Damaged Cables or physical tampering can excite electrons + radiation exposure and play a role with various human systems – particularly the nervous system – leading to symptoms of mental confusion, headaches, sleep

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#2 Author of original report


AUTHOR: Adrian Quirarte - (United States)

During and after the exposure in my residence took place it was evident by the physical signs of toxicity such as some burning of the skin, feeling ill, loss of concentration, fatigue, poor cognitive function, a dust, metallic, or acidic taste in the mouth, I quickly began to look for options for medical treatment and request blood and hair sample tests to identify the toxins in the body and neurological damage. At the time, I had no knowledge that if the agents were rotated frequently, it would defeat a sample collection.

When I searched for treatment options, toxicology, neurology tests, I unfortunately came to find Medical insurance typically doesn’t pay for toxicologists outside of ordinary drug testing as it is very costly so very few solicit to the general public with the inability to pay.

During an emergency and the need for me and my dog to leave the residence immediately with heavy symptoms of intoxication, I decided to ask the landlord, Javier Garcia, if he could make a claim on his insurance policy for personal injury which occured in my living space so that his homeowners insurance would cover the cost of medical expenses, where I expressed my emergency by sending photographs of my injuries and never got a response, and then accused me of sending him " the naked" photographs according to my mother. As I have reported before, this was obviously a poor defense against accepting liability, where it is not an option for the homeowner wether or not it should be reported to police or insurance to prevent discovery of the incidents that occured in the home.

I had expressed how it was nessecary to daily functioning.

I had expressed the health complications in the future if the incidents were not reported.

I had expressed I had already tried finding a solution on my own, where I explained my medical insurance would not pay for toxicology and neurology tests where then I became aware that the knowledge of discovery would be prevented if I was ignored.

I have medical summaries from Foothill Clinic San Jose that indicated I had rashes and burns that had gotten worse since my last visit 2 months prior. I had been diagnosed for radiation poisoning, evaluated for dermatitis due to chemicals and poor concentration and cognitive functions and was reffered to Standford University for Toxicology, Neurology and Dermatology tests, which I never was able to get admitted due to my lack of the ability to pay and my medical insurance denied coverage just like i had explained.  

There was no reasonable alternative option for what I was asking for.

Javier Garica later went on to file a domestic violence petition 3/6/16 claiming me as his "step-son" to report that I had been harassing him by text, that I had assaulted him, telling my mother that I had sent naked photographs by text message, which he failed to include in his victim impact statements and also writing in his declaration that I had stolen money from him, to evict me unlawfully taking the law into his own hands.

A few months later during the hearing he created a defense to falsifying facts on his petition declaration that he had never written that I had stolen money from him to the judge, and failed to report the claims or accusations of nude photographs that he had mentioned to family about, and in court claimed that the reason why he wanted me to be prevented from returning home was "due to being disrespectful by listening to music, on the computer, or talking on the phone. He is very disrespectful."

Javier Garcias, Victim Impact statements can be found in the photographs attatched to this report.

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#3 Author of original report


AUTHOR: Adrian Quirarte - (United States)

Recently on 12/18/17 I made the decision to ask my mom a second time about an incident that occurred on my last days living in the home that involved harassment , humiliation, sexual and psychological abuse and bullying. My mother told me she DID remember the incident when her husband, Javier Garcia, had told my mother that I was sending him naked pictures of myself and then she continued that she had asked him to see them when the false accusations were made and he " suspiciously” had replied that he had already deleted them. I told my mother, if he had deleted the "evidence of my sexual harassment”, I had still had my old phone with the text messages that were sent that day, and without a problem i could show them to her, when i had only sent photographs for my injuries ( in clothing) that had occurred in the home and i had also asked him to please contact State Farm home insurance and report my injuries as the policy holder and yet after receiving the photographs which he claimed were sexual harassment, he never answered my calls or replied with a text showing the slightest bit of concern, when it was his obligation as the landlord to the Home and the "STEPFATHER”, that all residents and tenants should be kept safe from harm and remove the dangerous factor. Therefore it was clearly evident that he created a poor defense of liability for injuries and neglected the fact that I needed medical attention immediately yet falsified that he had been " sexually harassed, allegedly claiming receiving naked pictures and committed the crime of defamation and humiliation, malicious harassment and the crime of perjury, where he told the courts, " I sent multiple texts to him that didn’t make any sense to him.” Withholding his previous allegations that I had sent naked pictures to the judge and also neglecting to report that under oath he continued to fail to report in his declaration and victim impact statements important information such as that I had actually had been gravely injured, that he had maliciously denied all my attempts to speak to him, avoiding all calls and texts with photographic evidence of injuries that needed to be immediately treated due to chemical toxic exposure directly linked to his line of work as a truck driver for "Alexxandras Transport” and then continued with his petition claiming me as his "STEPSON”on his domestic violence petition seeking a protective order to qualify for a U-VISA and get PERMANENT US RESIDENCY according to the qualification guidelines that indicates the "VICTIM OF A CRIME” qualifies for permanent US residency if the immigrant or RESIDENT ALIEN suffers from a crime such as psychological and physical abuse by a "child” that is a either a U.S CITIZEN or PERMANENT RESIDENT.

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#4 Author of original report

Supporting Documentation

AUTHOR: Adrian Quirarte - (United States)

 The photos of injuries indicate that bodily injury took place by the wreckless and negligent actions of the insured. When I spoke to Alonzo Baez, I told him in writing that their insured, Javier García, was directly responsible for the injuries in connection with his line of employment as a truck driver for his buisness, Alexxandras Transport, due to the fact I had over heard a conversation by the insured instructing deliveries to be made to our residence the evening of Nov. 27th 2015 and took a photo of a trailer parked outside our home in the evening hours. I asked Mr. Baez, the State Farm Representative handling my claim, to investigate if their insured contends that anyone other than himself was responsible for the bodily injuries and to reply in writing on more than one account and never recieved a response from the agent handling my claim, when I had also provided documentation that their insured identified me as a tenant on my last attempt Nov. 27 2017. The last response I recieved from State Farm was that upon investigation, their insured had no minimal coverage availiable for bodily injury to a tenant, resident or guest at the insured location.

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#5 Author of original report

False Report Of Drivers Record of Duty

AUTHOR: Adrian Quirarte - (United States)

Photo: Alexxandras Transport Public Driving Record indicating false reports of drivers record of duty status, where enforcement action from the FMCSA (Federal Motor Carrier Saftey Administration) can be taken against the truck driver even though that record may or may not have been signed in the drivers logbook.

 Making false reports shall make the driver and/or the carrier liable to prosecution. This document is being used to support that the insured has a history of falsifying facts, thus engaging in several illegal practices that require a true or valid statement, report or testimony.

For example this would include several false calls to police to encourage police misconduct that are on record, presenting fake legal documents such as eviction notices, false victim impact statements in hopes of obtaining nationality or permanent residency all while involving himself in wreckless behavior and ignoring the laws of duty of care and the obligation to make a report on tenants injuries to both police and to State Farm Insurance and not conceal the disabilitating injuries for weeks with the obligation, to remove a dangerous condition or factor at  the insured location and the responability to continue keep all residents and tenants safe not place them in further danger.


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#6 Author of original report

Landlord Harassment and Illegal Eviction Notice

AUTHOR: Adrian Quirarte - (United States)


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#7 Author of original report

Department Of Health Care Services (PI) Program Third Party Liability Recovery Division

AUTHOR: Adrian Quirarte - (United States)

Personal Injury (PI) Program  The Department of Health Care Services’ (DHCS) Personal Injury Program seeks reimbursement for services that Medi-Cal paid on behalf of its members who are involved in personal injury actions, such as auto accidents, slip and falls, and premises liability. When a Medi-Cal member receives a settlement, judgment or award from a liable third party as compensation for injuries they incurred, the Personal Injury Program is required by federal and State law to recover funds for any related services paid by Medi-Cal. Section14124.73(c): (1) The date of the Medi-Cal member’s injury, (2) the Medi-Cal member’s Medi-Cal identification number, (3) the contact information of the liable third party or insurer, (4) the contact information of the claims administrator including their claim number, and (5) the contact information of any defense counsel representing the liable third party or insurer.

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#8 Author of original report


AUTHOR: Adrian Quirarte - (United States)

Letters indicate State Farm initially opened my claim in November 2015 and failed to investigate their insured, Javier Garcia, until October 2017.

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#9 Author of original report

Claim Documents

AUTHOR: Adrian - (United States)

 Claim Documents File Claim Date Nov.27th 2017

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#10 Author of original report


AUTHOR: Adrian - (United States)

CSB-7083965 Mediation or corrective action against State Farm Insurance for the failure to provide a prompt, fair and reasonable investigation since the initial filing date of loss, the poor and substantially delayed evaluation of damages and equitable settlements of claims including deceptive practices or non-disclosure of policy limits or coverages availiable where liability of their insured is reasonably clear and it was evident that the agency committed several acts of negligence,bad-faith, and violating industry standards and state law. As written in State Farm’s Last Letter, the agency is willing to consider any additional information that may impact their decison where they are required by law to inform me that I may have further review by CDI if the claim or part of the claim has wrongfully been denied. I am requesting that CDI review my complaint and documentation.

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#11 Author of original report

Resolution 11/20/17

AUTHOR: Adrian - (United States)

 Mediation or corrective action against State Farm Insurance for the failure to provide a prompt, fair and reasonable investigation since the initial filing date of loss, the poor and substantially delayed evaluation of damages and equitable settlements of claims including deceptive practices or non-disclosure of policy limits or coverages availiable where liability of their insured is reasonably clear and it was evident that the agency committed several acts of negligence,bad-faith, and violating industry standards and state law. As written in State Farm’s Last Letter, the agency is willing to consider any additional information that may impact their decison where they are required by law to inform me that I may have further review by CDI if the claim or part of the claim has wrongfully been denied. I am requesting that CDI review my complaint and documentation.

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